Form Enhancements (TXdocs & TXdocsPlus)
A few days ago, the Texas Supreme Court issued an Order that made significant changes to the Texas Rules of Civil Procedure. Furthermore, these changes took effect on January 1! Click here if you want to read the full text of the new and changed rules.
NOTE: These form updates do NOT apply to those few of you who have elected to use the State Bar’s Family forms. We are told the Bar intends to update the 2020 edition of the Family Law Practice Manual forms sometime in February. For those of you using those forms and who have updated to the Bar's 2020 version, we will make their update available to you as soon as they release it.
New Forms Based on Rule Changes:
- Initial Disclosure – TRCP 194 Required Disclosures – Civil Litigation and in Family Law
- Initial Disclosure – TRCP 194.2(c) Content in Certain Suits Under the Family Code
Changes to Forms in Civil Litigation & Family Law based on the following TRCP Rules:
- Rule 47 Claims for Relief - Jurisdictional amount changes
- Rule 99 Issuance and Form of Citation – Notice that initial disclosures may be required
- Rule 169 Expedited Actions – Monetary relief aggregated to $250,000 or less excluding interest, statutory or punitive damages and penalties, and attorney fees and costs
- Rule 190 Discovery Limitations – Discovery period runs from due date of first initial disclosures and 20 hours in total to examine and cross all witnesses in oral depositions
- Rule 192 Permissible Discovery – Serving discovery on another party after required initial disclosures
- Rule 193 Written Discovery – Pertaining to requested or required discovery
- Rule 194 Required Disclosures – Without awaiting a discovery request, a party must make the initial disclosures within 30 days after the filing of the first answer or general appearance unless a different time is agreed to or by court order
- Rule 194.2(c) Content in Certain Suits Under the Family Code - In suits for divorce, annulment, or to declare marriage void, without awaiting discovery request must provide to other party certain listed discovery for the past two years or since the date of marriage
- Rule 194(d) Proceedings Exempt from Initial Disclosure – List of exemptions
- Rule 195 Discovery Regarding Testify Expert Witnesses - Without awaiting a discovery request, a party must provide a list of discovery regarding testifying expert
- Rule 196 Requests for Production and Inspection to Parties – No longer provides exception to response within 30 days
- Rule 197 Interrogatories to Parties - No longer provides exception to response within 30 days
- Rule 198 Requests for Admissions - No longer provides exception to response within 30 days
Other Updates & Improvements to Existing Forms
Since we needed to release an update anyway, we also included changes and improvements that are not related to the Rules changes.
- Family Law – Added specifics for payment of medical and dental support in all child support orders and added required language to Notice by Publication based on TRCP Rule changes
- Civil Litigation – Made TRCP Rule 47 and Rule 190 changes to all petitions and answers and made Certificate of Service optional in Motion for Default Judgment
- Trusts – Edits to Perpetuities Provision and improvement to acknowledgment of receipt documents
- Wills –Edited language for signed list of instructions, improved Statutory Power of Attorney for Individual and Spouse
- Probate – Corrected typo of “descendant” in affidavits and improved panel in Application for Muniment of Title